Dismissed while pregnant? Know your rights
Pregnancy gives you extra legal protection on top of the usual dismissal rules.
What rights do you have if dismissed while pregnant?
Pregnancy adds a specific layer of protection on top of the general unfair dismissal rules that cover every worker. Employment Act amendments in force since 2023 prohibit terminating an employee because she is pregnant.1
This applies even if your employer gave a different reason. If pregnancy looks like the real reason, raise it early.
The 2023 changes also extended core Employment Act coverage to all employees regardless of wage.
How do the two protections work together?
They are not separate systems. You can raise both: whether pregnancy was the real reason, and whether the process was fair.
The employer still has to prove there was just cause for the dismissal, whatever explanation they gave at the time.2
A dismissal that follows soon after the employer learned of your pregnancy, with a vague or shifting explanation, is a pattern worth recording clearly.
What should you do next?
Write down when your employer learned about your pregnancy, and how close that was to the dismissal. Save any messages, emails and documents about your pregnancy and the dismissal.
The usual 60-day filing window applies, so confirm your dates with the deadline calculator without delay.
If you want someone to act on this, an employment lawyer can review your timeline. They can tell you how the pregnancy protection applies to your case and whether it is worth pursuing.
A dismissal during pregnancy adds real pressure to an already big change in your life. Take the practical steps at a pace you can manage, and lean on family or friends where you can.
Your health comes first. The paperwork can move alongside it, one step at a time.
If you were dismissed while pregnant, send your dismissal date and the reason given, and an independent employment lawyer can review it and act for you if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can my employer dismiss me just because I am pregnant?
No. The Employment Act prohibits terminating an employee because she is pregnant. If pregnancy looks like the real reason, raise it early.
What if my employer gives a different, unrelated reason?
You can still challenge the dismissal if the stated reason looks weak given the timing. This applies most when it follows soon after the employer learned you were pregnant. Write down the timeline carefully.
Do I still have the same 60 day deadline to act?
Yes. The usual unfair dismissal deadline applies here too, so act promptly even though a pregnancy protection also covers you.
Does this protection apply regardless of my income level?
Yes. The 2023 amendments extended core Employment Act protections to all employees regardless of wage, so higher earners are covered too.
Sources
- Employment Act amendments in force since 1 January 2023 prohibit terminating an employee because she is pregnant, alongside 98 days of maternity leave. Malay Mail
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If you were dismissed while pregnant, send your dismissal date and the reason given, and an independent employment lawyer can review it and act for you if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.